Miller v. Ayres
Supreme Court of Iowa
Appeal from Marion Circuit Cov/rt. The plaintiff was surety for one Keefer on a promissory note, given to the school fund, which was secured by mortgage.' The mortgage was foreclosed and the real estate sold to the defendants. Shortly previous to the expiration of twelve months from the sale, the plaintiff sought to redeem by depositing the proper amount of money in the clerk’s office. His right to do so was denied, and this action brought to enforce such right.
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Appeal from Marion Circuit Cov/rt. The plaintiff was surety for one Keefer on a promissory note, given to the school fund, which was secured by mortgage.' The mortgage was foreclosed and the real estate sold to the defendants. Shortly previous to the expiration of twelve months from the sale, the plaintiff sought to redeem by depositing the proper amount of money in the clerk’s office. His right to do so was denied, and this action brought to enforce such right. There was a decree for the defendants and plaintiff appeals.
1Opinion of the Court
Seevers, Oh. J.
In 1875, H. B. Keefer, I. K. Casey and the plaintiff, executed a note to the school fund; Keefer was the principal debtor, and Casey and the plaintiff his sureties. Keefer and wife executed a mortgage on certain real estate to secure the payment of the note. Afterwards, Keefer gave a mortgage on the same premises to Dunlap & Upham. This mortgage was first foreclosed but no persons were made parties to the .proceeding but Keefer and wife. This decree stated the school fund mortgage ivas the prior lien. The mortgaged premises were sold under the Dunlap and Upham decree in…
2Cited by4 opinions
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- Bennion v. AmossUtah Supreme Court · 1975
- Higgs v. McDuffieOregon Supreme Court · 1916